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Divorce

gifts to paramours

A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.

In Idaho, which is a community property state, both spouses have an equal interest in all marital property acquired during the marriage. When one spouse uses marital assets to buy gifts for a paramour, the non-cheating spouse may have a claim for reimbursement. Idaho courts recognize that spending marital assets on a paramour can be considered a waste of those assets. In such cases, the court may order the cheating spouse to reimburse the marital estate. This reimbursement could involve returning the gifted item if it retains value, such as jewelry, or compensating the marital estate with an equivalent amount of the cheating spouse's separate property. The specific outcomes can vary depending on the circumstances of the case and the discretion of the court.

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Divorce

gifts to paramours

Individual & Family Legal Plan

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Idaho State Code

Idaho State Code

Divorce

gifts to paramours

Articles